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STATE EX REL. SMART v. DISTRICT COURT NINTH JUDICIAL DISTRICT

No. 9774.

304 P.2d 924 (1956)

STATE of Montana ex rel. Lee SMART and K.M. Bridenstine, next friend, Relators and Plaintiffs, v. The Honorable The DISTRICT COURT of the NINTH JUDICIAL DISTRICT of the State of Montana, in and for the COUNTY OF TETON, and The Honorable R.M. Hattersley, the Judge thereof, Respondents and Defendants.

Supreme Court of Montana.

December 22, 1956.

Attorney(s) appearing for the Case

Charles V. Huppe, Helena, K.M. Bridenstine, Choteau, for Relators.

PER CURIAM.

Mandamus. It is ordered that the petition of the relator for a Writ of Mandate to be directed to the respondent District Court and Judge, commanding them to dismiss the information now on file in the respondent District Court against the relator, Lee Smart, accusing him of the crime of murder, is denied without prejudice. It is so ordered.

ADAIR, C. J., and ANDERSON, and DAVIS, JJ., concur.

BOTOMLY, Justice.

I think the Writ...

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